Artificial insemination: rights, options and legal consequences

Who is eligible for artificial insemination in the Czech Republic?

In the Czech Republic, assisted reproduction is regulated by the Act on Specific Health Services, which sets out the conditions for its use. Only women of childbearing age can undergo artificial insemination on the basis of a written application submitted jointly with the man. This legislation reflects the traditional concept of the family, whereby only heterosexual couples – either married or cohabiting – are allowed to undergo the procedure.

Single women or lesbian couples, however, do not have this option under Czech law, which has led to frequent debates about discrimination and outdated legislation. Nevertheless, there are ways to circumvent this obstacle. In practice, however, there are ways to circumvent this restriction. Women without a partner or lesbian couples often arrive at clinics with a man who claims to be their partner and formally consents to the procedure. While this procedure requires pretending to be in a relationship, it is common practice. The alternative is to travel abroad, for example to Spain, Denmark or the Netherlands, where legislation is more friendly to single women and lesbian couples.

Some women choose informal methods such as insemination by a friend or an anonymous donor outside a medical facility. However, this route carries a number of legal and health risks. Discussions about changing Czech legislation have been ongoing for several years, but so far no law has been passed that would make assisted reproduction available to all women, regardless of their partner status or sexual orientation.

The Czech law also sets age limits for assisted reproduction. Most insurance companies only cover procedures for women up to the age of 39, up to a maximum of four times. The standard limit is 3 covered cycles. The exception for 4 cycles applies only if no more than 1 embryo was transferred during the first two cycles. If a woman exceeds the number of cycles or the age limit, she can have further attempts, but she must pay for these herself.

Another issue is the availability of services. The number of clinics specialising in assisted reproduction is growing, but so is the demand for these procedures. As a result, some women wait several months for an appointment.

Ethical and legal issues: where is the law silent?

Legislation in the field of assisted reproduction in the Czech Republic is quite detailed, yet there are situations that are not sufficiently regulated. One of the main problems is the question of continuing assisted reproduction after the death of one of the partners. The Act on Specific Health Services stipulates that assisted reproduction can only be performed during the lifetime of both partners. The use of reproductive material after the death of a partner is therefore prohibited. However, this may be contrary to the wishes of the deceased, as demonstrated by the case below considered by the Constitutional Court in 2018.

Ethical issues also arise with anonymous gamete donation. The child in the case of artificial insemination does not have the right to know his or her biological parent, which may lead to a conflict with his or her right to identity. These situations point to the need to modernise legislation to better reflect current social and technological changes.

Legal relations with the child: who is considered the father?

The determination of paternity in cases of artificial insemination in the Czech Republic is based on the Civil Code and the Act on Specific Health Services. If a child is born from assisted reproduction carried out with the consent of both partners, the legal presumptions of paternity apply . Under Section 776 of the Civil Code, the husband of the mother is automatically presumed to be the father of the child if the child is born during the marriage or within 300 days of its dissolution. In the case of unmarried couples, the father is the man who has given his written consent to the artificial insemination. This consent must always be renewed before each procedure.

In the case of donated sperm or eggs, the anonymous donor does not become the parent of the child, since the rights and obligations in respect of the child pass only to the couple who have undergone assisted reproduction. The identity of the donor is not known to either the parents or the child. This anonymity is a key element of the legal framework in the Czech Republic.

The law also stipulates that if fertilisation occurs in a different way than agreed, the man may deny paternity. For example, if a woman undergoes assisted reproduction without her partner’s knowledge or becomes pregnant naturally with another man, the partner has the right to court proceedings to deny paternity. There are strict time limits for such a denial – usually within six months of the relevant facts being established.

A problematic situation arises for single women or lesbian couples who use informal sperm donations from acquaintances. If the donor signs a declaration that he or she consents to the insemination, he or she may be considered by the court to be the father of the child, including the obligation to pay maintenance. In practice, women try to avoid this situation by making agreements, but these are not legally binding.

Denial of paternity: how does the law deal with problematic cases?

Denial of paternity is a legal institution that allows to challenge the legal relationship between a man and a child if there is evidence that this relationship does not correspond to biological reality. However, in the case of artificial insemination, the issue is specific because the law protects the stability of family relationships and gives priority to the formal consent of the partners over the biological origin of the child.

Under the Civil Code , paternity cannot be denied to a child conceived by artificial insemination carried out with the consent of the woman’s husband or partner – regardless of whether his genetic material or donated sperm was used. This prohibition applies if the child is born between the 160th and 300th day after the assisted reproductive procedure. The exception is where the mother of the child has become pregnant by other means, such as natural childbirth. In such a case, the man may deny paternity within six months of learning that paternity is not biologically possible.

In practice, complications can arise if a woman continues artificial insemination without her partner’s knowledge or consent. For example, if a couple has applied for assisted reproduction and then separated, the woman may still become pregnant if the clinic does not pay sufficient attention to the current marital status. If such insemination occurs, the man has the right to contest his paternity, as his consent is no longer valid. These cases have been the subject of litigation, showing the shortcomings of the control mechanisms.

As mentioned above, another problem can be the donation of sperm informally, for example through advertisements. If the donor agrees to the insemination, he may be considered the father of the child under the law, including obligations such as payment of maintenance. Therefore, it is recommended that women and donors proceed formally through assisted reproduction clinics to ensure legal anonymity and protection.

Stories from court practice

Assisted reproduction brings not only the joys of parenthood, but also unusual legal and ethical challenges. One story that resonated with the Czech public was the case of a woman who wanted to use her husband’s frozen sperm for artificial insemination after his death. The case reached the Constitutional Court, which dealt with it in its ruling under Case No. I.ÚS 1099/18 of 8 November 2018. The complainant sought to perform assisted reproduction using cryopreserved sperm from her deceased husband, with whom she had previously begun fertility treatment.

The general courts, including the Supreme Court, rejected her request on the grounds that Czech law allows artificial insemination only between living partners for the purpose of infertility treatment. After the death of one of the partners, it is no longer possible to speak of an “infertile couple” and therefore to continue treatment. Moreover, the informed consent of the deceased husband contained a provision for the destruction of his sperm in the event of his death.

The Constitutional Court agreed with those conclusions and dismissed the applicant’s constitutional complaint. However, Judge David Uhlíř dissented, emphasising that the decision to conceive a child was a sovereign private right of the individual and that the wishes of the deceased should be respected even after his death. In his view, the law should be interpreted in a constitutionally consistent manner that would allow for the completion of infertility treatment already begun after the death of one of the partners.

This case has reopened the debate on the right to parenthood and the limits of the legislation, and on the ethical and legal issues surrounding assisted reproduction after the death of one partner.